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STATE OF NEW YORK ________________________________________________________________________ 1769--B 2013-2014 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2013 ___________ Introduced by M. of A. MAISEL, ROSENTHAL, MONTESANO, ENGLEBRIGHT, ROBERTS, COLTON, KATZ, SCHIMEL, KELLNER, PAULIN, LUPARDO, MARKEY, JAFFEE, CAMARA, OTIS, FAHY, MOSLEY, ESPINAL, GABRYSZAK, BRINDISI, BROOK-KRASNY, CURRAN -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BRENNAN, CERETTO, COOK, DINOWITZ, GARBARINO, GIBSON, GLICK, GOTTFRIED, GUNTHER, KEARNS, MALLIOTAKIS, McDONALD, RAIA, SEPULVEDA, SOLAGES, THIELE, WEINSTEIN, WEISENBERG -- read once and referred to the Commit- tee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to prohibiting the possession, sale, offer for sale, trade or distrib- ution of shark fins The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13-0338 of the environmental conservation law, as 2 added by chapter 231 of the laws of 1992, paragraph a of subdivision 1 3 as amended by chapter 308 of the laws of 1999 and subdivision 4 as 4 amended by chapter 428 of the laws of 2011, is amended to read as 5 follows: 6 § 13-0338. Sharks; department authority; finning prohibited. 7 1. For purposes of this section: 8 a. "Shark" means any species of the [ order Squaliformes except species9 in the suborder Batoidea, and] subclass Elasmobranchii except species in 10 the order Batoidei; 11 b. "Finning" means the removal of a fin[ , other than the caudal fin,] 12 or fins from a shark and not retaining the remainder of the shark's 13 carcass[ .]; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04751-09-3A. 1769--B 2 1 c. "Shark fin" means the raw, dried or otherwise processed detached 2 fin including the tail. 3 2. No person shall engage in finning on the waters of the marine and 4 coastal district. 5 3. [ No person shall possess shark fins in the marine and coastal6 district unless the proper proportion of species, number, and size of7 shark carcasses is also possessed.] a. No person shall possess, sell, 8 offer for sale, trade or distribute a shark fin; provided, however, that 9 this prohibition shall not apply to any shark fin that was taken from a 10 spiny dogfish (Squalus acanthias) or a smooth dogfish (Mustelus canis) 11 lawfully caught by a licensed commercial fisherman. 12 b. A shark fin may be possessed by any person if the shark was 13 lawfully caught and the person has a recreational marine fishing regis- 14 tration or a license or permit from the department for bona fide scien- 15 tific research or educational purposes. 16 4. The department may, until December thirty-first, two thousand thir- 17 teen, fix by regulation measures for the management of sharks, including 18 size limits, catch and possession limits, open and closed seasons, 19 closed areas, restrictions on the manner of taking and landing, require- 20 ments for permits and eligibility therefor, recordkeeping requirements, 21 requirements on the amount and type of fishing effort and gear, and 22 requirements relating to transportation, possession and sale, provided 23 that such regulations are no less restrictive than requirements set 24 forth in this chapter and provided further that such regulations are 25 consistent with the compliance requirements of applicable fishery 26 management plans adopted by the Atlantic States Marine Fisheries Commis- 27 sion and with applicable provisions of fishery management plans adopted 28 pursuant to the Federal Fishery Conservation and Management Act (16 29 U.S.C. §1800 et seq.). 30 § 2. This act shall take effect on July 1, 2014.